The scheme

Family members

In line with the CJEU judgment in Lounes and subsequent amendment to the EEA Regulations, EU citizens includes dual British-EU citizens.
REFSee: Amendment to the EEA Regulations

Children born in the UK may be British by birth or may be registered as British. Otherwise they are also covered by the scheme and must apply for status before June 2021.    Learn more

family travel

How family applications will be considered

Applications made by families at the same time will be considered together. However, EU citizens will be able to rely on their own residence as EU citizens to apply under the scheme without having to rely on their relationship. As the status will be based on residence, there will be no need to sponsor applicants as is the case with the criteria for Permanent Residence (PR). However, this is subject to the following exceptions:

  • If they are relying on that relationship in one of the categories eligible for settled status with less than five years’ continuous residence
  • If they are relying on a retained right of residence after that relationship has ended
  • If they were non EU nationals who relied on residence in the UK as a family member of an EU citizen before becoming EU citizens themselves.


REFSee Special cases

Non EU family members without permanent residence (PR) certification

Continuous residence will be established in the same way as for EU nationals, i.e. starting with automated checks and, where necessary, documentary evidence uploaded by the applicant. However, because the status of non-EU citizen family members depends on their current or past family relationship to the EU citizen resident in the UK, the applicant will also need to provide the following:

  • Evidence of family relationship for the relevant period.
  • Valid passport or national identity card of the EU family member (or the full birth certificate of an Irish citizen). Alternative evidence will also be accepted when unable to produce the required document.
  • Evidence of the EU family member’s continuous residence in the UK during that period.


TIPEvidence of the EU family member having been granted status under the scheme will constitute sufficient evidence of that person’s identity, nationality and continuous residence for the period on the basis of which they were granted status. Therefore, it would be advisable for the non EU family member, to apply once the relevant EU citizen has done so and been granted status, as this is likely to make it easier and quicker for the family member to demonstrate their eligibility.

Subject to the above as well as  to criminality and security checks, the non EU family member will, be granted settled status or five years’ pre-settled status.

Children

Children under 21 will be granted status if a parent has been, or is being granted, that status under the scheme (or, in the case of an Irish citizen, would be so if they made a valid application under the scheme), regardless of the length of their continuous residence.

Pre-settled status

Non EU family members who are granted five years’ pre-settled status will need to demonstrate that they have been continuously resident in the UK for five years as the family member of that EU citizen or of another EU citizen continuously resident here by 31 December 2020, or as a family member who has retained the right of residence, in order to apply for settled status.

REFSee Special cases

The following family members of an EU citizen who is continuously resident here by 31 December 2020 will be eligible to apply for status under the scheme, provided they are continuously resident in the UK by that date or they join the EU citizen here after 31 December 2020

Spouse

Criteria

  • The couple got married by 31 December 2020; or
  • The couple got married after 31 December 2020 but the couple had formed a durable partnership by 31 December 2020 and the partnership remained durable at that date, and the applicant holds a relevant document as the durable partner of the EU citizen.

Definition

The individual is married to the EU citizen and:

  • the marriage is recognised under law of England and Wales, Scotland or Northern Ireland or is lawfully recognised in the country where the marriage took place;
  • it is not a marriage of convenience; and
  • neither spouse has another spouse, civil partner or a durable partner with immigration status in the UK based on that person’s relationship with that other spouse.

Evidence required

  • A document issued under the EEA Regulations as the spouse of the EU citizen; or
  • a valid marriage certificate recognised under the law of England and Wales, Scotland or Northern Ireland, or of the country where the marriage took place.

Civil partner

Criteria

  • The civil partnership was formed by 31 December 2020; or
  • The civil partnership was formed after 31 December 2020, but the couple had formed a durable partnership by 31 December 2020 and the partnership remained durable at that date, and the applicant holds a relevant document as the durable partner of the EU citizen.

Definition

The individual is in a civil partnership under the Civil Partnership Act 2004, or in a same sex relationship registered overseas which is entitled to be treated as a civil partnership under that Act, with the EU citizen and:

  • it is not a civil partnership of convenience; and
  • neither spouse has another civil partner, a spouse, or a durable partner with immigration status in the UK based on that person’s relationship with that other partner.

Evidence required

  • A document issued under the EEA Regulations as the civil partner of the EU citizen; or
  • a valid civil partnership certificate recognised under the law of England and Wales, Scotland or Northern Ireland; or a valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004.

Durable partner

Criteria

  • The partnership was formed and was durable by 31 December 2020; and
  • The partnership remains durable.

Definition

The individual is in a durable relationship with the EU citizen, with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and

  • it is not a durable partnership of convenience; and
  • the person holds a relevant document as the durable partner of the EU citizen which was applied for by 31 December 2020, unless the date of application is after 31 December 2020 and the person was resident outside the UK at that date. Where the applicant is seeking to come to the UK after 31 December 2020, they must provide evidence showing that the durable partnership was formed and was durable before that date, and that the partnership remains durable; and
  • neither spouse has another durable partner, a spouse, or a civil partner with immigration status in the UK based on that person’s relationship with that other partner.

Evidence required

  • A document issued under the EEA Regulations (such as a family permit, registration certificate, residence card or PR card), as the durable partner of the EU citizen; and
  • Evidence that the durable partnership continues to subsist or did so for the period of residence relied upon; or
  • If the applicant is seeking to come to the UK after 31 December 2020, evidence showing that the durable partnership was formed and was durable before that date, and that the partnership remains durable.

Dependent parent

Criteria

  • The dependent parent of the EU citizen.
  • The dependent parent of the spouse or civil partner of the EU citizen, as described above.

Definition

  • The Individual is the direct relative in the ascending line of the EU citizen or of their spouse or civil partner, and includes a grandparent or great- grandparent; and
  • the dependence of the direct relative in the ascending line on the EU citizen (or on their spouse or civil partner) is assumed.

Evidence required

  • A document issued under the EEA Regulations on the basis of the relevant family relationship; or
  • other documentation showing that the applicant is the direct relative in the ascending line of the EU citizen (or of their spouse or civil partner), such as their child’s full birth certificate or other documentation which names the applicant as that person’s parent.

For grandparents, the applicant must provide their child’s full birth certificate or other documentation which names the applicant as that person’s parent, and their grandchild’s full birth certificate or other documentation which names their parent.

Dependent relative

Criteria

  • A relative of the EU citizen who is continuously resident in the UK by 31 December 2020, provided that family relationship and dependency existed before that date.
  • The dependent relative of the spouse or civil partner of the EU citizen if both parties were continuously resident in the UK before 1 February 2017, and that family relationship and dependency existed before 1 February 2017.

Definition

The individual is a relative of their sponsor but not their spouse, civil partner, durable partner, child or dependent parent and holds a relevant document as their dependent relative which was applied for by 31 December 2020. Their ‘sponsor’ means:

  • an EU citizen who has been or is being granted indefinite leave or limited leave under the scheme, or who would be granted that leave, if they made a valid application under the scheme; or
  • before 1 February 2017, the spouse or civil partner of such an EU citizen.

Evidence required

  • A document issued under the EEA Regulationsas the dependent relative of their sponsor; and
  • Evidence that the relationship and dependency continue to subsist, or did so for the period of residence relied upon.

Dependent means that:

  • The applicant cannot meet their essential needs (in whole or in part) without the financial or other material support of the relevant EU citizen or of their spouse or civil partner; and
  • Such support is being provided to the applicant by the relevant EU citizen or by their spouse or civil partner; and
  • If the applicant was aged 21 years or over when they came to the UK to join the EU citizen or their spouse or civil partner, the need for such support existed in the applicant’s country of origin or in the country they came from. However, there is no need to determine the reasons for that dependence.